DAPA

by SCwpadmin SCwpadmin 673 Comments

Equally Divided Supreme Court in United States v. Texas Affirms Injunction of DAPA Program

The Supreme Court has finally announced its decision on the controversial case United States v. Texas (No. 15-674), and in effect, on the future of the Obama administration’s Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program as well. This program was an attempt by the President, through executive action, to shield close to five million undocumented immigrants from deportation, while simultaneously allowing them to legally work, similar to the administration’s previous program, Deferred Action for Childhood Arrivals (DACA). In a single statement per curium opinion however, the Court notes that the Fifth Circuit’s judgement–ordering an injunction of DACA’s expansion and DAPA’s launch–is “affirmed by an equally divided Court.” While the 4 to 4 deadlock means the injunction will remain in place, the precedential value of this decision going forward on jurisdictions outside of the Fifth Circuit is negligible at best, and ambiguous at worst. Whatever the ruling’s effect on the president’s authority to act unilaterally, it seems assured that President Obama’s successor will inherit the task of reworking the nation’s immigration system.

The President made a brief statement to press in response to the Court’s decision, available here.

by SCwpadmin SCwpadmin 93 Comments

DAPA and Expanded DACA Case to be Heard by the U.S. Supreme Court on April 18, 2016

United States v. Texas, the lawsuit filed by 26 states against President Obama’s DAPA and Expanded DACA immigration reform programs, has been officially scheduled for oral argument before the United States Supreme Court on April 18, 2016.  This lawsuit was filed 16 months ago after President Obama used his executive powers to order the creation of DAPA and Expanded DACA, programs that expanded eligibility requirements for the DACA program and allowed undocumented parents of citizens and lawful permanent residents to apply for work authorization and protection from deportation.  The 26 states, led by Texas, argue that the President’s implementation of these programs through executive action was unconstitutional and that he bypassed federal procedure for changing the law.  The United States Supreme Court will consider these questions during oral argument on April 18, 2016 and could issue a decision on this case as early as June 2016.

by SCwpadmin SCwpadmin 24 Comments

United States Supreme Court Will Hear Case on President Obama’s Executive Actions on Immigration

The United States Supreme Court announced that it has granted the petition for writ of certiorari to hear Texas v. United States, the lawsuit that has stalled President Obama’s executive action programs of DAPA and Expanded DACA from taking effect. The Court is expected to answer the question of whether the President’s executive orders violated the Take Care Clause of the U.S. Constitution at Article II Section III. The Take Care Clause commands that the President take care that the laws of this country be faithfully executed. This ruling will determine the ultimate fate of the President’s long-anticipated programs and will be a key decision in this presidential election year during which immigration is such a hotly debated topic.

by SCwpadmin SCwpadmin 46 Comments

U.S. Supreme Court to Decide Whether to Hear Case on Obama’s Executive Action Programs

The long drawn-out battle for President Obama’s Executive Action programs such DAPA and Expanded DACA may be heard and decided this summer at the United States Supreme Court. These programs, which were announced more than one year ago, have been in limbo pending a lawsuit brought against the Obama Administration by 25 states led by Texas.  As a result of this lawsuit an injunction was ordered which stopped these programs from being put into place.  Now, if four of the nine Supreme Court Justices decide to accept this case it will likely be argued before the Court in April and decide by the end of June.  If the Court rules in the President’s favor, the injunction against the implementation of DAPA and Expanded DACA will finally be lifted and President Obama will see his Executive Action programs take effect before he leaves office.

by SCwpadmin SCwpadmin 96 Comments

Court of Appeals Denies Obama’s DAPA and Expanded DACA Programs

In a divided decision the Fifth Circuit Court of Appeals upheld the injunction stopping President Obama’s Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and Expanded DACA programs from being implemented.  These programs, which were first introduced by the President approximately a year ago, would have granted temporary relief from removal to as many as 5 million non-citizens present in the United States without permission.  This ruling upholding the injunction means that these programs permanently will not be implemented unless the Obama Administration requests that the United States Supreme Court hear the arguments in this case. As of today, the Obama Administration has not confirmed whether or not they plan to appeal this decision.

by SCwpadmin SCwpadmin 410 Comments

Appeals Court Denies Stay in Exective Action Lawsuit

President Obama’s latest executive actions on immigration will remain on hold after a federal appeals court refused to lift an injunction on the two executive orders.

The first order would have implemented Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). The plan would allow parents of US citizens and lawful permanent residents to request deferred action and apply for work authorization for three years provided they have resided in the US continuously for the past five years and pass a background check. The second order would have expanded Deferred Action for Childhood Arrivals (DACA) to include childhood arrivals who were 31 years of age or older when DACA was initially announced, as well as extending the period of work authorization under DACA from two years to three years. DAPA was scheduled to take effect in February, while the DACA expansion was scheduled to take effect this month. Combined, the plans would affect an estimated 4.7 million undocumented immigrants.

Twenty six states filed suit challenging the executive orders as an unconstitutional overreach of presidential power, and a US district judge issued the injunction in February when he sided with the states in the suit. The injunction is now likely to remain in place for the duration of the federal government’s appeal.  The court ruling does not affect the existing DACA program, which will continue to accept requests and issue deferred action and work authorization.

by SCwpadmin SCwpadmin 344 Comments

Challenge to President Obama’s Immigration Reform Moves to 5th Circuit

The lawsuit filed by 26 states against President Obama’s Expanded DACA and DAPA immigration reform programs has been officially scheduled before the 5th Circuit Court of Appeals in New Orleans, Louisiana.  The 5th Circuit will hear arguments from both sides on April 17, 2015 to decide whether the temporary hold on President Barack Obama’s immigration executive action should be lifted.  The Department of Justice, who is defending the President’s Immigration programs, argues that the hold on Expanded DACA and DAPA interferes with the Department of Homeland Security’s ability to keep our borders secure.  In contrast, the 26 states, led by Texas, argue that the President’s implementation of executive action was unconstitutional.

by SCwpadmin SCwpadmin 77 Comments

Federal Judge Keeps President Obama’s Expanded DACA and DAPA Programs on Hold

Federal Judge Andrew Hanen denied a request from the Department of Justice that would have allowed the President’s Expanded DACA and DAPA programs to move forward during the course of the current lawsuit.  By declining to consider this request, President Obama’s Executive Action immigration reform programs will remain on hold at least until a court hearing set for March 19th, 2015.  Applicants will not be able to apply for Expanded DACA or DAPA until a court rules that the President’s immigration reform programs can go forward.  Applicants who qualify for the original DACA announced in June 2012 may continue to apply for this program.

by SCwpadmin SCwpadmin 50 Comments

Federal Judge Halts Expanded DACA and DAPA

Monday night Federal Judge Andrew Hanen granted an injunction that temporarily stops the implementation of President Obama’s Expanded DACA and DAPA Programs.  Because of this injunction, Department of Homeland Security Secretary Jeh Johnson announced that applications for Expanded DACA will no longer be accepted on February 18th as was originally planned. Instead, the Expanded DACA and DAPA Programs have been put on hold until Judge Hanen’s ruling is either reversed or a different ruling is issued. This means that the Obama administration is unable to implement either Expanded DACA or DAPA until this lawsuit is resolved.

This ruling only impacts Expanded DACA and DAPA.  Applications for the original DACA issued in June 2012, renewals, and extensions under original DACA are not affected.

This injunction derives from a lawsuit joined by 26 states that are suing President Obama over his executive action immigration reform issued in November 2014.  If Judge Hanen’s injunction holds, these 26 states will be able to proceed with their lawsuit while the Expanded DACA and DAPA programs remain on hold.

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